Assigned to MABS                                                                                                                 FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2806

 

lawful presence; public programs; verification

Purpose

Requires the citizenship of an applicant for voter registration, a driver or nonoperating identification license or the Arizona Health Care Cost Containment System (AHCCCS) to be verified by using the Systematic Alien Verification for Entitlements (SAVE) Program, outlines procedures and penalties for compliance and prescribes quarterly reporting requirements.

Background

            A county recorder must reject any application for voter registration that is not accompanied by satisfactory evidence of U.S. citizenship. Similarly, the Arizona Department of Transportation (ADOT) may not issue or renew a driver license or nonoperating identification license to a person who does not submit proof, satisfactory to ADOT, that the applicant's presence in the United States is authorized (A.R.S. §§ 16-166 and 28-3153).

            AHCCCS administers Arizona’s Medicaid program and determines eligibility for coverage based on federal and state requirements. AHCCCS is responsible for verifying applicant information, enrolling eligible individuals and periodically redetermining member eligibility to ensure continued compliance with program criteria. An applicant for AHCCCS eligibility or services must provide satisfactory documentary evidence of U.S. citizenship or qualified alien status as required by federal law (A.R.S. §§ 36-2903 and 36-2903.03).

            The SAVE Program is an online service that allows federal, state and local benefit-granting agencies to verify a benefit applicant's immigration status or U.S. citizenship and is administered by the U.S. Department of Homeland Security (U.S. DHS), U.S. Citizenship and Immigration Services, Verification Division (U.S. DHS).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Prohibits a county recorder from registering a person to vote in Arizona who is not verified as having U.S. citizenship unless verified by using the U.S. DHS's SAVE Program, or its successor program.

2.   Stipulates that the procedures adopted by the Director of ADOT must use the SAVE Program, or its successor program, to verify that an applicant's presence in the United States is authorized by federal law.

3.   Requires the county recorder, ADOT and AHCCCS to submit satisfactory evidence of a fully executed memorandum of understanding with the U.S. DHS to use the SAVE Program, or its successor program, to the Joint Legislative Budget Committee (JLBC).

4.   Requires JLBC to:

a)   report to the Legislature if satisfactory proof is not provided by a county recorder;

b)   recommend to the Legislature the reduction in funding for ADOT if satisfactory proof is not provided by ADOT; and

c)   recommend to the Legislature a reduction in funding for AHCCCS if satisfactory proof is not provided by AHCCCS.

5.   Requires the county recorder and ADOT, by December 31, 2026, and by March 31, June 30, September 30 and December 31 of each year thereafter, to submit to the Auditor General a report on the previous three months that includes all SAVE Program queries, approvals, denials and discrepancies.

6.   Increases the frequency of AHCCCS's report on citizenship verification from by September 30 of each year to by December 31, 2026, and by December 31, 2026, and by March 31, June 30, September 30 and December 31 of each year thereafter.

7.   Updates the prescribed contents of AHCCCS's report to include the following information for the previous three months:

a)   the number of individuals for whom AHCCCS queried, approved, denied or found discrepancies, rather than verified, for immigration status using the SAVE Program, or its successor program, administered by U.S. DHS, rather than the U.S. Citizenship and Immigration Services; and

b)   the number of documents that were discovered to be fraudulent by using the SAVE Program, or its successor program.

8.   Adds the Auditor General to the individuals who must receive AHCCCS's report.

9.   Removes the Director of the Arizona State Library, Archives and Public Records from the individuals that must receive a copy of the report by AHCCCS.

10.  Makes technical and conforming changes.

11.  Becomes effective on the general effective date.

House Action

FMAE             1/28/26      DP     4-2-0-1

3rd Read          2/26/26                 31-22-7

Prepared by Senate Research

March 12, 2026

KJA/ci